CIVIL ACTION NO. 1:08-CV-413-TH JURY. July 23, 2009 MEMORANDUM OPINION ON PLAINTIFFS' MOTION TO COMPEL THAD HEARTFIELD, District Judge Before the Court is Plaintiff Derek Ferguson's First Amended Motion to Compel [Clerk's Docket No. 59], filed June 26, 2009. Having considered the motion, the response, the record and the applicable law, the Court is of the opinion that the motion should be granted. I. BACKGROUND Plaintiff Cynthia Sue Sedtal is a current employee of a NAPA Auto Parts retail store located